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Articles 1 - 3 of 3
Full-Text Articles in Law
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Defendant's View, Burnett Miller Iii
University of Richmond Law Review
There can be little doubt that since the late 1960's the status and conditions of our prisons have become a public issue. It can probably be said without citation that as a general proposition most states have found their prisons in a state of need. Our prisons have for many years been economically neglected in the wake of more publicly acceptable priorities. The philosophy seemed to be that prisoners were criminals that should be put away, and their lot was of their own making. There would then, of course, always be more pressing and socially acceptable purposes for which to …
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
University of Richmond Law Review
During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
University of Richmond Law Review
Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …